by Robyn Gao, on November 16, 2022
What is a T visa?
T visa is created in October 2000 as part of the Victims of Trafficking and Violence Protection Act. It is a nonimmigrant status temporarily granted to enable victims of a severe form of trafficking to remain in the U.S. This visa is valid for an initial of up to 4 years, victims and their qualifying family members will be eligible.
A T visa allows victims to obtain employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and obtain a Green Card.
Who can apply?
Trafficking is defined in terms of “sex” or “labor” trafficking. Please refer here to see if you might be eligible for a T visa relief. https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-human-trafficking-t-nonimmigrant-status.
What is a U visa?
U visa has been created to enable victims of certain crimes, who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Many victims of trafficking might be eligible for both T and U visa. Note that T visa does not require applicants to show mental or physical abuse suffered, although this element might help with applicants’ case, too.
However, U visa usually takes longer to be processed comparing to T visa due to higher volume of applicants. Please refer here to see whether you might be eligible for U visa. https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status.
Yen-Yi Anderson, Managing Partner of Anderson & Associates, founded the law firm in January 2014. Yen-Yi Anderson focuses her practice on excellence in business immigration, commercial law, and civil litigation.
Robyn Gao, Associate attorney at Anderson & Associates. Robyn focuses her practice on business immigration and general corporate manners.